MORE than three months after the withdrawal of a resolution donating heavy equipment to Barangay Mabini, the Cebu City Council has questioned why the units remain in the barangay’s possession despite the absence of legal documents to consummate the transfer.
During Tuesday’s regular session on Sept. 23, 2025, councilors argued that this constitutes an invalid donation because it lacked legal documentation and legislative approval.
Minority Floor Leader Councilor Sisinio Andales delivered a privilege speech to reopen the long-standing controversy, which had already been tackled during the previous 16th Sangguniang Panlungsod.
He pointed out that while the equipment is in the possession of Barangay Mabini, there is no legal basis for such custody since the proposed donation had been withdrawn and the required documents were never executed.
Andales said the issue was not merely about the equipment but about the stewardship of public resources, the integrity of the process, and the trust and confidence of the people.
He warned that allowing the situation to persist would erode accountability in government transactions.
The controversy dates back to June 25, 2025 when then-councilor Rey Gealon withdrew a resolution that sought to donate an excavator, a wheel loader, and a road roller to Barangay Mabini.
The withdrawal followed heated discussions over the propriety, timing, and intent of the proposal.
Former councilor Mary Ann de los Santos was among the most vocal critics, stressing that the heavy equipment was procured for citywide use under the Department of Engineering and Public Works (DEPW) and not for the benefit of a single barangay.
Concerns were also raised about Barangay Mabini’s capacity to operate and maintain the machinery, given the technical requirements and costs involved.
Some councilors also questioned the budgetary implications of transferring City assets without ensuring they would be properly utilized.
Andales explained that although the matter was referred to the City Legal Office, which issued a no-objection opinion, the donation still failed to proceed because then-mayor Raymond Alvin Garcia never signed the necessary deed of donation and deed of acceptance.
Without these, he said, the supposed donation had no legal effect.
Andales said the issue was not merely about the equipment but about the stewardship of public resources, the integrity of the process, and the trust and confidence of the people.
He warned that allowing the situation to persist would erode accountability in government transactions.
Operational readiness
The Council subsequently approved a motion directing the Department of General Services (DGS) to assess the current condition, status, and operational readiness of the three equipment units.
This aims to determine whether the City can repossess the machinery and deploy it for its intended purpose of supporting citywide infrastructure and maintenance projects.
Councilor Joel Garganera joined the discussion and sought clarification on whether Gealon had truly withdrawn his resolution.
Andales responded by reading the transcript of the 2025 deliberation, confirming that Gealon had indeed withdrawn it.
Garganera then concluded that the donation was void from the start.
Garganera said there was no such donation to begin with because it had no basis, adding that the supposed transfer of heavy equipment was never consummated.
For now, the heavy equipment remains under the custody of Barangay Mabini, but the Council is intent on correcting what it views as an irregular transfer.
By demanding the return of the machinery, the Council aims to ensure that public assets are properly accounted for and maximized for the benefit of the entire city rather than being confined to a single barangay. / CAV